Legal Opinion

T.M.H. v. D.M.T.

District Court of Appeal of Florida

Decided December 23, 2011No. 5D09-3559PublishedCited by 13 opinions

1Opinion of the CourtSawaya, J.

The issue we must resolve is whether two women involved in a lesbian relationship for several years share parental rights and responsibilities to a child born out of that relationship. The two women are Appellant, the biological mother, and Appellee, the birth mother. This is a case of first impression in Florida.

I. Factual and Procedural Background

The facts are not in dispute. Appellant and Appellee were involved in a committed relationship from 1995 until 2006. They lived together and owned real property as joint tenants, evidenced by a deed in the record. Additionally, both women deposited…

2Cases cited45 opinions

  1. Santosky v. KramerSupreme Court of the United States · 1982
  2. Stanley v. IllinoisSupreme Court of the United States · 1972
  3. Wisconsin v. YoderSupreme Court of the United States · 1972
  4. Meyer v. NebraskaSupreme Court of the United States · 1923
  5. Lassiter v. Department of Social Servs. of Durham Cty.Supreme Court of the United States · 1981

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3Cited by13 opinions

  1. D.M.T. v. T.M.H.Supreme Court of Florida · 2013
  2. Adoption of D.P.P. v. C.P.District Court of Appeal of Florida · 2014
  3. State v. D.C.District Court of Appeal of Florida · 2013
  4. C.G. v. J.R.District Court of Appeal of Florida · 2014
  5. ALEXANDER MARTINEZ-RIVERO v. StateDistrict Court of Appeal of Florida · 2021

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